First, read your copy of Seven Deadly Sins That Can Destroy Your Pennsylvania Workers’ Compensation Case. . .
. . . And NOW you know that the insurance company is going to want the flow of information to be a one-way street. They are under no pressure whatsoever to resolve your case and, in fact, they are making an enormous profit while YOU wait.
The insurance adjuster’s job and duty is to seek out and find as many defenses and arguments as possible against your case. This all starts when the adjuster pretends to be your friend and wants to “take a statement” or have you “sign a few forms.”
There are four things you should be doing right now. . .
These four steps are the most important things that you can be doing right now, and surprisingly, many people miss at least one step.
1) Seek Medical Care
It’s always important to seek medical care. A lot of people will injure themselves and think, “Oh, it’s not too big.” Then they take some Tylenol and worry about it later. That could be okay for some things, but what happens if that particular injury or condition gets worse down the road, and you have never seen a doctor?
I always encourage people by what I call my “Treat and Forget Rule.” See a doctor, get some treatment, and if you do not think it is anything worse, then you can forget about it. We then know that you have had some type of medical situation, so that if something happens down the road, there is a paper trail (proof) for all your injuries – not just for the one that currently hurts the most.
2) Notify Your Employer
You should always notify your employer if you have been hurt at work. Do not make the assumption that because you were injured while you were working, a supervisor or an employer would know about it automatically. Unless you inform your employer about the injury being work-related, they most likely will not know.
3) File Your Claim
After getting medical care, and after telling your boss about your accident, you have to file a Claim Petition if no Notice of Compensation Payable has been issued or if you have not received wage loss benefits under the Workers’ Compensation Act.
Even though you have told your employer, even though your employer’s insurance company contacts you, and even though they may have paid for some medical treatment, that is not enough. that does NOT legally accept the injury as work related and provides absolutely no protection against future earning loss or future medical expenses.
If you do not file your case within a certain period of time (generally three years in Pennsylvania), you could permanently lose significant benefits.
4) Review Accepted Injury and Compensation Rate
Once the insurance carrier has issued a Notice of Compensation Payable, make sure the accepted injury is correct (i.e. a herniated disc is not a strain) and make sure the Statement of Wages used to calculate your compensation rate used ALL of your gross wages and earnings.
You Do Not Have to Do This Alone. . .
It is essential that you know your rights, and it is important to have all of the information you need to be able to effectively deal with the insurance company and protect your rights under the law.
With over seventy (70) years of continued workers’ compensation experience, we are ready to help. We will discuss your case with you and decide together if Calhoon and Kaminsky P.C., is the right firm to represent you.
We are not a fit for everyone, but we do pride ourselves on helping our clients make the right choice. If we are not a good fit, we will be quite happy to refer you to other lawyers who will be a good fit.
Avoid potentially disastrous mistakes. Get experienced advice NOW at no cost.
Call Us at 717-695-4722.
- About the Author
- Latest Posts
For more than 20 years, our attorneys have been helping injured workers navigate the complex Pennsylvania workers’ compensation system. We empower workers with the information and the representation they need to make the best decisions for themselves and their families’ future.
